Many people enjoy playing games of chance or betting on sports events, but they wonder: Is gambling illegal in California? The answer is somewhat complex. Specific forms of gambling are illegal in California, but the state allows you to engage in some games of chance.
A Los Angeles criminal defense lawyer from our team at the Simmrin Law Group can provide more information about gambling laws in our state. We can also assist if you face charges for gambling in California.
Find out more by calling or completing our online contact form.
What Types of Gambling Are Illegal in California?
Is gambling illegal in California? Yes, certain forms of gambling, as spelled out in California Penal Code (PC) §330, are illegal. These include games like:
- Faro
- Rondo
- Roulette
- Seven-and-a-Half
- Lansquenet
- Monte
- Hokey-Pokey
- Rouge et Noire
- Twenty-one
- Fan-Tan
This list covers many card games that California considers illegal but is not a comprehensive record of these crimes. Other percentage and banking games may lead to criminal charges. California also considers sports betting illegal, including online sports betting.
If you have questions about gambling’s legality in California, get in touch with Simmrin Law Group today. Our attorneys have experience helping people charged with illegal gambling activities.
California Has Not Followed Recent Changes to Sports Betting Laws
Many people in California know that the Supreme Court made sweeping changes to laws on some types of gambling, saying states can OK sports betting in 2018.
These changes to sports betting legislation made it possible for states to legalize fantasy sports betting and some other forms of gambling.
However, it is up to each state to make this decision. There are 38 states where sports betting is legal. California still considers this form of gambling illegal, along with:
- Alabama
- Alaska
- Georgia
- Hawaii
- Idaho
- Minnesota
- Missouri
- Oklahoma
- South Carolina
- Texas
- Utah
Charges for illegal gaming can seriously impact your life, so we recommend contacting a lawyer for assistance if you face any charges.
Can You Just Engage in Sports Betting in Another State?
California considers it a violation of the law if you engage in sports betting online in a different state, regardless of the laws of the other state, like nearby Nevada, which legalized sports betting for professional and college sports.
You may still face criminal charges if you engage in this activity because some gambling is illegal in California.
Can You Participate in Sports Betting if You Use a VPN?
Some individuals use a virtual private network (VPN) to gain more privacy when browsing online. VPNs sometimes obscure an individual’s physical location. However, using a VPN does not change California’s laws regarding sports betting.
Regardless of whether you use a VPN, you can still face criminal charges if law enforcement finds you engaged in sports betting because this form of gambling is illegal in California.
Additionally, some online sports betting sites prohibit the usage of VPN devices through their terms and conditions. Violating these laws, even if you live in a state that allows mobile sports betting, could cause the site to kick you off, preventing you from collecting any potential winnings.
Attempts to Change Sports Betting Laws in California
Several ballot initiatives in recent years have attempted to legalize sports betting in California, typically put forward by gaming companies. One recent proposal attempted to legalize online wagering and gambling on mobile devices.
Another ballot initiative pushed for the legalization of sports gambling at horse tracks and tribal casinos. California’s currently legalized forms of gambling typically occur at tribal casinos. However, both of these initiatives failed to pass.
Laws in this area are subject to change, and some form of sports betting may become legal in California in the future. However, as of the summer of 2024, sports betting as gambling is illegal in California.
Can You Engage in Fantasy Sports Betting in California?
California has yet to legalize daily fantasy sports (DFS) apps officially. However, the state has made no attempts to tax or regulate the DFS industry, mostly allowing people in the state to participate in this form of gaming without issue.
Examples of DFS systems used in California include:
- Fliff California
- PrizePicks California
- Underdog California
- Sleeper California
- Betr Picks California
- ParlayPlay California
Many of these systems include paid or free-to-play options. Some use specialized “coins” that users can redeem for money. Individuals may engage in over/under games or draft-type contests on some systems.
Upcoming sports betting legislation may change California’s stance on DFS games, especially those that use real money. Laws may shift as attitudes towards gambling adjust in the state. If you have questions about the legality of these games, you can reach out to our legal team.
We keep up-to-date on all legislative efforts and ballot initiatives regarding gambling and can share this information with our clients.
Does California Consider Sports Pool Betting Illegal?
California considers sports pool betting an illegal act. Therefore, you could face charges if you participate in gambling in your workplace.
Many people set up March Madness betting pools for brackets. However, under California Penal Code Section 337a, you can face fines of up to $250 for engaging in this kind of betting pool.
Employees and employers can both face these charges if caught engaging in illegal behavior because it qualifies as a form of gambling that is illegal in California.
Are There Legal Forms of Gambling in California?
Not all gambling is illegal in California.
Vegas-style casinos located on Tribal Indian Land, card clubs in which players are charged a fee instead of having banked games, the state lottery, charitable gambling (such as bingo games for charity), and pari-mutuel horse betting are all allowed.
You Can Engage in Gambling at Indian Casinos
The only Vegas-style casinos allowed in California exist on Tribal Land. This type of gambling uses banking/percentage collection. In other words, it takes money from the game’s losers and uses that money to pay the winners while taking a “cut” for the house (or casino).
The Indian Gaming Regulation Act, passed by the federal government, allows federally recognized tribes to run casinos. Many tribal casinos exist throughout northern and southern California, where individuals can engage in legal games of chance.
American tribes have a right to operate these gaming establishments, and you should not face criminal charges for gambling in these Indian casinos, even when using real money. These facilities represent a significant source of income for native American tribes.
Card Clubs (Cardrooms) Allow for Some Gambling
You may engage in some gambling activities in licensed cardrooms throughout California. Unlike Vegas-style casinos, card clubs don’t operate on a banking or percentage basis. Instead, they charge players up-front for admission into the club. The “house” doesn’t take a cut of the winnings.
You may play games like poker in these cardrooms. Over 60 cardrooms operate in California, though the state has put a moratorium on the opening and development of additional cardrooms. However, betting in card rooms is limited.
California does not typically prohibit non-banked games, including poker and baccarat. You may also play games like pai gow poker in these cardrooms without having to worry about facing criminal charges.
You Can Legally Gamble Through the State Lottery
It is also legal to participate in the California State Lottery. Legally, you may join in scratch-off tickets, lotto, PowerBall, and various draw games. You may participate in the Mega Millions game without worrying about criminal charges.
The state approved lottery games in 1984, making it a long-standing form of gambling. You do not have to go to a tribal casino to participate in the lottery. In fact, over 23,000 businesses provide these tickets, making it a significant source of revenue for the state.
This form of gambling is not illegal in California.
You Can Engage in Charitable Gambling
The only exception to the no-banking-and-no-percentage-games rule is charitable gaming. The law allows you to participate in certain Bingo games that collect a percentage of the winnings, provided those winnings all go to charity.
Nonprofitable organizations may operate various charity games, including poker, raffles, and bingo. Typically, an organization can only set up and run a single poker night yearly. Additional poker nights may fall under rules for illegal games.
Charitable gaming first became legal in 1976, with rules easing for poker night fundraising only in 2007. If you have questions about legal forms of charitable gambling, our team can provide you with more information.
You Can Engage in Horse Betting (Parimutuel) Wagering
Horse racing is the only sport for which California allows parimutuel betting. In this style of gambling, players’ bets are all pooled together, and the winners divide the money.
While the house doesn’t get a cut, taxes and management fees come out before those winnings pass to players.
California’s legal codes allow you to wager:
- At racetracks
- At satellite wagering facilities
- Online (with an advance-deposit wagering provider)
The state has five major horseracing tracks, including:
- Del Mar
- Los Alamitos
- Cal Expo
- Golden Gate Fields
- Santa Anita
Fairground tracks may hold smaller meets during the year. You can find satellite wagering sites for horse races at tribal casinos, cardrooms, and county fairgrounds. The California Horse Racing Board regulates all wagering and racing.
Residents of California may spend billions on horse race wagering every year, with the state retaining millions after all payouts. You can contact us for help if the police try to charge you for legally engaging in parimutuel betting in San Francisco, San Bernardino, and other cities.
What Are Penalties for Illegal Gambling in California?
Any banking game (collecting from the losers to pay the winners) or percentage game (when the house gets a cut of the winnings) is illegal. If you face charges of unlawful gambling, the court considers this act a misdemeanor, and you can face several penalties, including:
Jail Time
Individuals convicted of gambling in California may face up to six months in county jail. Therefore, it’s essential that you contact a lawyer immediately for help with legal services. Getting help immediately can allow a lawyer to build a strong defense on your behalf.
Probation
Judges may decide to sentence you to probation instead of jail time in some situations involving illegal gambling. A lawyer may push for this option on your behalf to minimize the effects of a conviction.
The court will give you certain terms for probation. Violating these terms can have serious impacts on your life. You may even go to jail for a probation violation in California. A Los Angeles probation violations lawyer may help you face this accusation.
Working with an attorney can help you obtain an early termination of probation in California in some cases.
Fines
Because some gambling is illegal in California, the court system can charge you up to $1,000 in fines for a gambling conviction. Our team can stand up for you to help you avoid this costly penalty.
Other Impacts on Your Life
A criminal conviction may impact your life in other ways. For example, potential employers and landlords may review your criminal record before offering you a job or renting you an apartment. A criminal record may also impact your ability to get into the college of your choice.
A conviction for betting on professional or college sports can have long-term effects on your life, so it is important to contact an attorney for help immediately after an arrest.
Can a Gambling Conviction Impact Your Immigration Status?
Unlike other types of criminal charges, there should not be any repercussions for immigration standing due to illegal gambling. However, it’s still important to seek help from a skilled criminal defense attorney like those at Simmrin Law Group.
Will a Gambling Conviction Impact Your Gun Rights?
A conviction for illegal gambling should not impact your rights to buy or keep firearms in California. Typically, felony convictions impact these rights, and California treats gambling charges as misdemeanor-level offenses.
What to Do If You Face Charges for Illegal Gambling
If the police charge you with illegal gambling in California, the first step is to contact an experienced criminal defense lawyer. They can help you by reviewing your charge’s specifics, collecting evidence to support your defense, and crafting a defense strategy.
Evidence Your Attorney Can Collect in Gambling Cases
Some of the evidence that can support your claim of innocence in illegal gambling cases include eyewitness testimony from other players, video footage from the casino or card club, and the payment records of the casino or card club.
Depending on the details of your case, there could be additional avenues through which your California illegal gambling defense attorney can seek evidence.
Possible Defense Strategies for Illegal Gambling Charges
We can review all potential defense strategies if you turn to us for help after an arrest for illegal gambling. We may show that:
You Were Not Playing a Prohibited Game
As shown earlier in this article, California allows many forms of gambling or games of chance. We may argue that you did not engage in a banking, percentage, or explicitly prohibited game. For example, you may not face charges for engaging in fantasy sports betting.
Again, we advise developing the exact strategy that your case requires with knowledgeable criminal defense attorneys in California.
The Prosecution Is Using Unlawfully Obtained Evidence
We can take steps to get your charges dismissed if the evidence used to charge you came from an unlawful search and seizure.
It is also possible that law enforcement acted illegally when questioning you. For example, a defense attorney could argue that police coerced a confession from you, which can render the confession inadmissible in court.
You Engaged in Gambling from a Charitable Organization
California allows charitable organizations to operate some banking/percentage games. Individuals who participate in these games should not face criminal charges for their actions. You can discuss this option with a criminal defense lawyer.
How Do Lawyers Resolve Illegal Gambling Charges?
Lawyers in California can use several options to resolve illegal gambling accusations for clients in your situation. Depending on your precise circumstances, we may focus on:
Getting Your Charges Dismissed
The court system may dismiss your charges if we can show that the prosecution lacks evidence to secure a conviction. We may file motions to block evidence to weaken the prosecution’s case. If your lawyer gets your charges dismissed, you will not have a conviction on your record.
Having Your Charges Reduced
Sometimes, the prosecution agrees to a plea bargain that can reduce your charges. After reviewing the facts surrounding your charges, we can review this potential option. You must agree to a less severe charge to take a plea bargain.
Standing Up for You in Court
If you are accused of engaging in illegal gambling or sports betting in California, a lawyer may focus on defending you in front of a judge and jury. Attorney Michael Simmrin offers our legal services to individuals in your situation.
Can You Expunge a Charge for Illegal Gambling in California?
You may expunge a gambling conviction from your record in California in some cases. Expungement removes a charge from your record, making it easier to get a job or secure a place to live in California after a conviction.
Typically, you must complete either probation or your jail sentence before your lawyer can apply for an expungement. We can provide information about how to expunge a criminal record in Los Angeles.
Your attorney can also explain who is eligible to file an expungement.
Find Your California Illegal Gambling Charge Attorney Today
Is gambling illegal in California? This question has a complicated answer. Some forms of gambling, like parimutuel wagering, are perfectly legal in the state. However, percentage and banking games are illegal, as is betting on professional or college sports.
At Simmrin Law Group, we can help you defend yourself against an illegal gambling charge in California, including working to get your charges dropped or reduced. If you face charges for illegal gambling, you don’t have to simply suffer the consequences.
California gambling laws are complex; a skilled attorney can help you clear your name. Contact us today for a free consultation on how we can help you fight for your rights. You can learn more about us before you call.